This Chapter establishes provisions which are intended to ensure compliance with the requirements of this Development Code, and any conditions of land use permit or subdivision approval, to promote the City's planning efforts, and for the protection of the public health, safety, and general welfare of the City.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

No structure shall be moved into an area, erected, reconstructed, added to, enlarged, structurally altered, or maintained, and no structure or land shall be used for any purpose, except as specifically provided and allowed by this Development Code, with respect to land uses, building heights, yards, area coverage, and lot width and with respect to all other regulations, conditions, and limitations prescribed by this Development Code as applicable to the same zone or subzone in which such use, structure, or land is located.

B.

No person shall use or permit to be used any building, structure, or land or erect, structurally alter, or enlarge any building or structure, except for the uses permitted in this Development Code and in accordance with the provisions of this Development Code applicable thereto.

C.

No permit or entitlement may be issued or renewed for any use, construction, improvement, or other purpose unless specifically provided for or permitted by this Development Code.

D.

No person obtains any right or privilege to use land or structure for any purpose or in any manner described in an application by the mere acceptance of an application.

(§ 5, Ord. 1085, eff. January 6, 2006)

All departments, officials, and public employees of the City who are assigned the authority or duty to issue permits or licenses shall comply with the provisions of this Development Code.

A.

Permits in conflict with Development Code. Permits for uses or structures that would be in conflict with the provisions of this Development Code shall not be issued, and if issued in error, shall be void.

B.

Permits deemed void. Any permit issued in conflict with the provisions of this Development Code shall be deemed void.

C.

Actions deemed void. Any action taken by an official or public employee of the City in conflict with the provisions of this Development Code shall be deemed void.

(§ 5, Ord. 1085, eff. January 6, 2006)

Any person, firm, or corporation who violates, permits, or causes to violate any provision or fails to comply with any of the requirements of this Development Code or any term or condition of any permit, variance, or amendment thereto is guilty of a misdemeanor/infraction as specified in Chapter 2 of Title 1 of the Municipal Code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued, or permitted by such person and shall be punishable therefore as provided in Chapter 2 of Title 1 of the Municipal Code.

A.

Public nuisances. In addition to the penalties provided in this Section, any condition caused or permitted to exist in violation of any of the provisions of this Development Code shall be deemed a public nuisance and may be summarily abated as such, and each day such condition continues shall be regarded as a new and separate public nuisance.

B.

Violation of conditions. The violation of any term or condition of, or applicable to, any variance or any permit shall constitute a violation of this Chapter and shall be subject to the penalties provided in this Development Code.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

New and separate offense. Each day any violation of this Development Code, or any conditions of land use permit or subdivision approval, continues is a new and separate offense.

B.

Cumulative, not exclusive. All remedies contained in this Development Code for the handling of violations or enforcement of the provisions of this Development Code shall be cumulative and not exclusive of any other applicable provisions of City, County, State, or Federal law.

C.

Other remedies. Should a person be found guilty and convicted for the violation of any provision of this Development Code, and any conditions of land use permit or subdivision approval, the conviction shall not prevent the City from pursuing any other available remedy to correct the violations.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Preapproval inspections. Every applicant seeking a permit or any other action in compliance with this Development Code shall allow the City officials handling the application access to any premises or property which is the subject of the application.

B.

Post approval inspections. If the permit or other action in compliance with this Development Code is approved, the owner or applicant shall allow appropriate City officials access to the premises in order to determine continued compliance with the approved permit and any conditions of approval imposed on the permit.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Procedures. This Section provides procedures for securing revocation of previously approved land use permits or entitlements by the Director.

B.

Hearings and notice.

1.

The body which granted the permit or entitlement shall hold a public hearing within 30 days after the Director sends written notice of the intent to revoke the permit or entitlement granted in compliance with the provisions of this Development Code. Decisions shall be made within 15 days of hearing and notification of decision given within 15 days thereafter by certified mail (return receipt requested) and first class mail.

2.

12 days before the public hearing, notice shall be mailed or delivered in writing to the applicant and owner of the property for which the permit was granted, in compliance with Chapter 9-74 (Public Hearings).

C.

Review authority's action. A land use permit or entitlement may be revoked by the authority which originally approved the permit or entitlement if any one of the following findings of fact are proved by a preponderance of the evidence:

1.

The permit or entitlement was issued, in whole or in part, on the basis of a material misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit or entitlement;

2.

The improvement or use allowed by the permit or entitlement has become detrimental to the public health, safety, or welfare and constitutes a public nuisance, or the manner of operation constitutes or is creating a public nuisance;

3.

The permit or entitlement has not been exercised for at least 12 consecutive months or has ceased to exist, and thereby has been abandoned; or

4.

There has been nonperformance of the Conditions of Approval (noncompliance) of the permit or entitlement within the allotted time.

D.

Nonwaiver. The failure of the reviewing authority to revoke a permit whenever cause therefor exists or occurs does not constitute a waiver of the right with respect to any subsequent cause for revocation of the permit.

E.

Revocation. The City's action to revoke a permit or entitlement shall have the effect of terminating the entitlement and denying the privileges granted by the original approval.

F.

Prohibition. No person shall carry on any of the operations authorized to be performed under the terms of any permit after the revocation thereof, or pending a judgment of the court upon any application for writ taken to review the decision or order of the reviewing authority in the City in revoking the permit.

G.

Actions to remedy the default or ensure safety. Nothing contained in this Section shall be construed to prevent the performance of the operations as may be necessary in connection with a diligent and bona fide effort to cure and remedy the default, noncompliance, or violation, for which a revocation of the permit was ordered by the City, or operations as may be required by other laws and regulations for the safety of persons and the protection and preservation of property.

H.

Administrative appeal. The action of the revising authority shall be administratively appealable.

(§ 5, Ord. 1085, eff. January 6, 2006)